According to Article 10 of the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, if the amount of malicious overdraft is large, it has been fully returned before prosecution or there are other minor circumstances, public prosecution may not be initiated; If all of them are returned before the judgment of first instance or there are other minor circumstances, they may be exempted from criminal punishment. Except for those who have been punished for credit card fraud for more than two times.

1. the Supreme People's Court and the Supreme People's Procuratorate jointly issued the Interpretation on Several Issues Concerning the Specific Application of Laws in Handling Criminal Cases of Impairment of Credit Card Management, claiming that the bank's failure to repay the two collections in March was a malicious overdraft.

1. In the judicial interpretation, there are two restrictions on "malicious overdraft": first, the card-issuing bank makes two collections; Second, it is not returned for more than three months.

2. Because the crime of "malicious overdraft" is a deliberate crime, it has the subjective purpose of illegal possession and is a very important constituent element of this behavior.

3. The judicial interpretation clarifies the amount of "malicious overdraft", which refers to the money that has not been returned and has not been returned, excluding the late payment fee and compound interest charged by the issuing bank.

4. According to the criminal policy of combining leniency with severity, those who repay the overdraft interest before the court decides or the public security organ files a case will be given a lighter punishment or will not be investigated for criminal responsibility, so that the fraud of "malicious overdraft" will be investigated according to law, and at the same time, the legal warning and education function will be brought into play to minimize the criminal blow.

Two, according to the provisions of Article 196th of the Criminal Law of People's Republic of China (PRC), "malicious overdraft" is a crime of credit card fraud.

1 Article 266 of the Criminal Law, whoever defrauds public or private property in a relatively large amount shall be sentenced to fixed-term imprisonment of not more than three years, criminal detention or public surveillance, and shall also or only be fined; If the amount is huge or there are other serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than three years but not more than ten years and shall also be fined; If the amount is especially huge or there are other especially serious circumstances, he shall be sentenced to fixed-term imprisonment of not less than 10 years or life imprisonment, and shall also be fined or confiscated.

2. Article 196 of the Criminal Law stipulates that if the amount of malicious overdraft is more than 1 10,000 yuan but less than 1 10,000 yuan, it shall be deemed as "a large amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 654.38+10,000 yuan and less than 1 10,000 yuan, it shall be deemed as "huge amount" as stipulated in Article 196 of the Criminal Law; If the amount is more than 6,543.8+0,000 yuan, it shall be deemed as "extremely huge amount" as stipulated in Article 196 of the Criminal Law.

Extended data:

Article 11 The provision of "malicious overdraft" in Article 196 of the Criminal Law does not apply to the card-issuing bank illegally issuing disguised loans by credit card overdraft, and the cardholder fails to return them as required. Those who constitute other crimes shall be punished for other crimes.

Twelfth in violation of state regulations, the use of point-of-sale terminal equipment (POS machines) and other means, by fictitious transactions, false pricing, cash return and other ways to directly pay cash to credit card holders. If the circumstances are serious, he shall be convicted and punished for the crime of illegal business operation in accordance with the provisions of Article 225 of the Criminal Law.

If the amount of the act mentioned in the preceding paragraph is more than100000 yuan, or the funds of financial institutions are overdue by more than 200000 yuan, or the economic losses of financial institutions are more than100000 yuan, it shall be deemed as "serious circumstances" as stipulated in Article 225 of the Criminal Law; If the amount is more than 5 million yuan, or fails to return the funds of financial institutions1000000 yuan within the time limit, or causes economic losses of financial institutions of more than 500,000 yuan, it shall be deemed as "the circumstances are particularly serious" as stipulated in Article 225 of the Criminal Law.

If the cardholder maliciously overdraws in the above way for the purpose of illegal possession and should be investigated for criminal responsibility, he shall be convicted and punished for credit card fraud in accordance with the provisions of Article 196 of the Criminal Law.

Baidu Encyclopedia-Interpretation of some issues on the specific application of law in criminal cases that hinder credit card management;

Baidu Encyclopedia-People's Republic of China (PRC) Criminal Law